Sponsored content

Richard Vary, Clemens Heusch and Matthias Schneider reveal their views on component-level versus end-point licensing and Unwired Planet

Mark Weifeng Lin of Jiaquan examines the issues that can arise during patent translation, for example those relating to grammar, terminology and fluency, and suggests ways to overcome these challenges

Giancarlo Penza of Bugnion examines the different elements involved in establishing a FRAND licence, including NDAs, counter-offers and litigation

Invention has long been regarded as a mental activity that can only originate in human beings. However, with the booming of artificial intelligence (AI) technology in recent years, AI has been endowed with the ability to simulate human mental activities and perform innovative tasks by itself. So far, it is reported that AI technology is capable of conducting scientific experiments, developing technical crafts and completing industrial designs. In the near future, AI is even expected to have the capability to discover natural principles and create fundamental knowledge. Against this background, demands have risen for the protection of AI innovation. In particular, the question being asked is can those inventions solely made by AI "inventors" be protected through filing a patent application and be granted, just like those made by human beings?

In the fourth article from an exclusive series on the automotive industry, Bisman Kaur of Remfry & Sagar discusses brand value in India

What are the leading IP objectives and challenges that your corporation, or your industry, pursue and face in Brazil?

Back at the end of April, the Committee of the Science and Technology Innovation Board at the Shanghai Stock Exchange announced that the meeting for reviewing the initial public offering (IPO) application of MEMSensing, a Chinese MEMS microphone sensor supplier, was cancelled due to an "emergence of significant matters." The "significant matters" they were referring to were 16 patent disputes brought by Goertek seeking both permanent injunctions and damages totalling over RMB 100 million ($14.5 million). Goertek and MEMSensing are competitors producing MEMS microphones, a key component in the smart speakers of Google, Amazon, Apple, Alibaba, and Xiaomi.

To strengthen copyright protection, and to implement relevant provisions of the Economic and Trade Agreement between the US and China, on August 5 2020, the Supreme People's Court of the People's Republic of China (the SPC) issued a draft Opinions on Strengthening the Protection of Copyright and Copyright related Rights (关于加强著作权和与著作权有关的权利保护的意见) for public consultation.

Under the exceptional circumstances caused by the COVID-19 pandemic, the EPO has postponed all oral proceedings in opposition scheduled for the rest of the year. Only oral proceedings already scheduled to take place by videoconference or to be held by videoconference with the parties' consent will take place this year. Oral proceedings in examination are still being held by videoconference whilst oral proceedings in appeal in principle still take place as scheduled.

In Germany, inventions which are created by employees during the term of their employment, so-called service inventions, are subject to the Act on Employees' Inventions (ArbnErfG). According to the act, all rights in the invention are assigned to the employer if the employer does not release the invention to the employee.

During the COVID-19 pandemic, IP practitioners in Greece welcomed the new law on trademarks, under which Directive (EU) 2015/2436 was transposed into national law. There was no reason for any caution in this respect, since the implementation had been awaited since January 12 2019, which was the deadline for Greece to transpose the directive.

Coronil, an ayurvedic drug (formulation of herbs and minerals) developed by Patanjali Ayurved that was initially promoted as a cure for the COVID-19 virus and later approved to be sold as an immunity booster to fight Coronavirus, has run into a controversy. A Chennai-based company Arudra Engineering (Arudra) filed a suit before the Madras High Court, alleging trademark infringement. Arudra sought an injunction restraining Patanjali Ayurved (Patanjali) and Divya Yog Mandir Trust, subsequently impleaded as a defendant, from using the mark "Coronil" or any deceptive variation.